Our client was charged with DUI after he supposedly refused DUI testing. His vehicle had crashed into a light pole, which knocked him unconscious. While he was lying on a spinal board receiving vital aid from paramedics, a police officer shouted at him, demanding that he blow into the breathalyzer and consent to DUI testing. In the eyes of the officer, our client refused.
We proved the accident had knocked our client unconscious, making him not mentally capable of answering questions or consenting to the test. We got the DUI charge reduced to failure to maintain lane.